GENERAL PRINCIPLES NORMAL VAT TRANSACTIONS TRANSITIONAL INPUT TAX CREDITS PRESUMPTIVE INPUT TAX CREDITS WITHHOLDING OF CREDITABLE VALUE-ADDED TAX Value Added Tax VAT stands for Value Added Tax. VAT is a type of sales tax which is levied on consumption on the sale of goods, services or properties, as well as importation, in the Philippines. To simplify, it means that a certain tax rate (0% to 12%) is added up to the selling price of a goods or services sold. It is also imposed on imported goods from abroad. Characteristics of Philippine VAT 1. It is an indirect Tax The amount of tax may be shifted or passed on by the seller to the buyer , transferee or lessee of goods, properties or services Impact of Taxation On the seller upon whom the tax has been imposed in the first instance Incidence of Taxation On the final consumer who bears the burden of the tax Characteristics of Philippine VAT 2. It is a tax on value added of the tax payer. It is the value added to the raw materials or to the purchases, other than the labor component of the goods or service, by the producer, before its sale. Characteristics of Philippine VAT 3. It is a transparent form of sales tax The Law requires that the tax be shown in the VAT invoice or receipt. 4. It is a broad-based tax on consumption of goods, properties or services in the Philippines There is VAT on every stage of the taxable sales of the goods, properties or services. Characteristics of Philippine VAT 5. It is collected through the tax credit method (sometimes referred to as the invoice method) The input tax is shifted by the seller to the buyer is credited against the buyers output taxes when he is in turn selling the taxable goods, properties and services. Characteristics of Philippine VAT 6. Itdoes not cascade ( Tax on Tax) hence there is no tax pyramiding Cascading Tax passed on by the previous selling, which is now a component of gross selling price/ receipts of the seller is again subjected to Tax.
7. It adopts the tax-inclusive method
Unless otherwise stated, any price charged by a VAT registered person shall be deemed to include the VAT Charged. Characteristics of Philippine VAT 8. It follows the Destination Principle / Cross Border Doctrine Goods and services are taxed only in the country where these are consumed, and in connection with the said principle, the Cross Border Doctrine mandates that no VAT shall be imposed to form part of the cost of goods destined for consumption outside the territory border of the taxing authority. To Whom is VAT imposed/ Who are required to be VAT Registered Any person or entity who, in the course of his trade or business, sells, barters, exchanges, leases goods or properties and renders services subject to VAT, if the aggregate amount of actual gross sales or receipts exceed One Million Nine Hundred Nineteen Thousand Five Hundred Pesos (P1,919,500.00) Any person, whether or not made in the course of his trade or business, who imports goods A person required to register as VAT taxpayer but failed to register 3 Types of VAT and Tax Rates VAT 12% VAT Zero Rated VAT Exempted VAT 12% As a rule, gross receipts from services rendered in the Philippines by a Value Added Tax registered seller is subject to 12% value added tax (VAT). Such 12% value added tax in the Philippines is passed on by the seller to the buyer of service in the Philippines. Persons Liable for VAT Any person who in the ordinary course of the trade or business Sells , Barters, or exchanges goods or properties ( seller or transferor), leases goods or properties Renders Services Imports Goods (importer) The person who brings goods into the Philippines, whether or not it is made in the course of business or trade VAT Person Refers to any person liable for the payment of VAT whether registered or registrable Any person who engages in transactions subject to VAT Importers of goods, whether or not made in the course of Business VAT Registered person VAT Person who: Registered in accordance with the Law or Opted to be registered as a VAT Person VAT- Registrable Person Persons who are required to register for Value Added Tax Refers to any person, who in the course of business, sells, barters of exchanges government properties, or engages in the sale or exchange of services, shall be liable to register for VAT if: His gross sales or receipts for the past 12 months, other than those that are exempt under Section 109(A) to (U) have exceeded P 1,919,500 or There are reasonable grounds to believe that his gross sales or receipts for the next 12 months, other than those that are exempt under Section 109(A) to (U) will exceed 1,919,500 (NIRC, Sec 236 (G)(1) VAT- Registrable Person Any person who is required to register but failed to do so. As a form of penalty, he shall not be entitled to claim any input tax credit, although he is liable to output tax in his taxable sales. VAT Exempt Person He is not liable for the imposition of Output VAT on its sales, either because His transactions are not taxable transactions He is specifically exempt from VAT by specific provisions of the CODE, by special Laws or by international Agreements Who are subject to Value added tax of 12%? Value Added Tax of 12%
As a rule, gross receipts from services rendered in the
Philippines by a Value Added Tax registered seller is subject to 12% value added tax (VAT). Such 12% value added tax in the Philippines is passed on by the seller to the buyer of service in the Philippines. Persons engaged on sale of goods and properties Persons engaged on sale of services and use or lease of properties Normal VAT Transactions 12% Persons engaged on sale of goods and properties (12%) of the gross selling price or gross value in money of the goods or properties sold, bartered or exchanged Normal VAT Transactions 12% There is an actual or deemed sale, barter or exchange of goods or personal properties for valuable consideration; The sale is in the course of trade or business or exercise of profession in the Philippines; The goods or properties are located in the Philippines and are for use or consumption therein; and The sale is not exempt from VAT under Section 109 of NIRC, special law, international agreement binding upon the government of the Philippines. Normal VAT Transactions 12% Persons engaged on sale of services and use or lease of properties Twelve percent (12%) of gross receipts derived from the sale or exchange of services, including the use or lease of properties Normal VAT Transactions 12% The seller executes a deed of sale, barter or exchange, assignment, transfer, or conveyance, or merely contract to sell involving real property The real property is located within the Philippines; The seller or transferor is a real estate dealer The real property is an ordinary asset held primarily for sale or for lease in the ordinary course of business The sale is not exempt from VAT under Section 109 of NIRC, special law, or international agreement binding upon the government of the Philippines Normal VAT Transactions 12% Persons engaged on importation of goods Twelve percent (12%) based on the total value used by the Bureau of Customs in determining tariff and customs duties, plus customs duties, excise taxes, if any, and other charges, such as tax to be paid by the importer prior to the release of such goods from customs custody; provided, that where the customs duties are determined on the basis of quantity or volume of the goods, the VAT shall be based on the landed cost plus excise taxes, if any. Transitional Input Tax Tax payers who become VAT Registered persons upon exceeding the minimum turnover of 1,919,500 php in any 12- month period or who voluntarily registers even if they do not reach the threshold shall be entitled to a transitional input tax on the inventory on hand as of the effectivity of their vat registration on the following: Goods purchased for resale in their present condition Materials purchased for further processing Transitional Input Tax -Goods which have been manufactured by the tax payer -Goods in process for sale or -Goods and supplies for use in the course of the taxpayers trade or business as a VAT Registered person Transitional Input Tax - 2% of the Value of the beginning inventory on hand or - Actual VAT paid on such goods, materials and supplies, which ever is higher Transitional Input Tax The transitional input tax credit operates to benefit newly VAT-registered persons, whether or not they previously paid taxes in the acquisition of their beginning inventory of goods, materials and supplies. During that period of transition from non-VAT to VAT status, the transitional input tax credit serves to alleviate the impact of the VAT on the taxpayer. Transitional Input Tax At the very beginning, the VAT-registered taxpayer is obliged to remit a significant portion of the income it derived from its sales as output VAT. The transitional input tax credit mitigates this initial diminution of the taxpayers income by affording the opportunity to offset the losses incurred through the remittance of the output VAT at a stage when the person is yet unable to credit input VAT payments. (Fort Bonifacio Development Corp. v. Commissioner of Internal Revenue, G.R. Nos. 158885 & 170680, 2 April 2009) Presumptive Input Tax Credits Any person or firm engaged in the processing of sardines, mackerel, and milk, and in manufacturing refined sugar and cooking oil and packed noodle- based instant meals shall be allowed a presumptive input tax creditable against the output tax, equivalent to 4% of the gross value in money of their purchases ofprimary agricultural products which are used as inputs to his production Presumptive Input Tax Credits It is given for those engaged in: Processing of sardines, mackerel and milk and In the Manufacturing of refined sugar, cooking oil and packed noodle based instant meals The Rate is 4% of the Gross Value in Money They are given this 4% presumptive input tax because the goods used in the said enumberation are VAT-Exempt Withholding of Credible Value- Added Tax The government or any of its political subdivisions, instrumentalities or agencies, including government-owned or - controlled corporations (GOCCs) shall, before making payment on account of each purchase of goods and services which are subject to VAT imposed in Sections 106 and 108 of the NIRC, deduct and withhold a final VAT at the rate of 5% of the gross payment thereof. Provided, that the payment for lease or use of properties to non resident owners shall be subject to 12% withholding tax at the time of the payment.